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Home My WebLink AboutPublic Comment Card CC - 01/29/2018 - Julie Zahner Bailey - Sewer - OppositionHOME OF 'r: ..l ire i_I iirl Ir. _ ;.G ,_..'-.• MILT 0 N'� ESl'ABLISH EC) 200( PUBLIC COMMENT CARD (Please print & fill i com ietei Instructions: 1, Complete this card in its entirety (DO NOT leave anything blank) 2. Give the card to the City Clerk BEFORE THE COUNCIL MEETING BEGINS. 3. When your name is called, approach the podium and speak directly into the microphone and state your name and address. Please complete the following information: ❑ I would like to make a General Comment that does NOT pertain to an Agenda Item or Zoning Case. (skip to Today's Date) ❑ I would like to speak about an Agenda Item or Zoning Case. **(Please indicate Agenda Item No. below)** Agenda Item No.: Zoning Case No. : TODAY'S DATE: ()1— L I, ADDRESS: 01V Y i V\ PHONE: Please check ALL that apply: ❑ jam in SUPPORT of this Agenda Item I m in OPPOSITION of this Agenda Item I am a Milton resident ❑ 1 am a Milton business owner ❑ I am a local lobbyist duly registered with the State Ethics Commission ❑ I am a paid representative of either the support or opposition ❑ 1 am affiliated with a Group or Neighborhood*** Name of Group/Neighborhood /***You are required to fill out an Affidavit before speaking on behalf of the group you are representing. 1W ant to speak about this Agenda Item ❑ I DO NOT want to speak but I would like the following comments read into the record: (Please use the back of this card for additional writing space.) **Please read the following RULES regarding Public Comment: • Public Comment is allowed on an Agenda Item or a General Public Comment can be made about something that is not on the Agenda. • NO Public Comment is allowed regarding Consent Agenda Items or First Presentation Items. • All General Public Comments are allowed a total of five minutes. • ALL Public Comments in SUPPORT of an Agenda Item are allowed a TOTAL of ten minutes. This means that ALL people who wish to speak in SUPPORT have a total of ten minutes as a group. • ALL Public Comments in OPPOSITION of an Agenda Item are allowed a TOTAL of ten minutes. This means that ALL people who wish to speak in OPPOSITION have a total of ten minutes as a group. -------------------------------------- If you have made any campai contributions to a Councilmember aggregating $250.00 or more, please check "yes" or "no" : ❑Yes No. When you have completed this card, please give it to the CITY CLERK before the meeting begins. Please see the CITY CLERK if you have any questions regarding this Public Comment Card. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D'Aversa Alan Tart Monday, August 11, 2008 ACTION MINUTES 5:30 PM 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Agenda Item No. 08-643) 4) APPROVAL OF MEETING AGENDA 5) PUBLIC COMMENT 6) PUBLIC HEARING 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. (First Public Hearing held on July 21, 2008, Second Public Hearing held on August 4, 2008) 7) UNFINISHED BUSINESS (Agenda Item No. 08-627) 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. Page 1 of 3 Milton City Hall - City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 If you need the City to provide special accommodations in order to participate in any of the Council meetings, please call 678-242-2500. MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA AUGUST 11, 2008 - 5:30 PM Motion and Vote: Councilmember Thurman moved to approve an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other purposes. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously. 8) NEW BUSINESS (Agenda Item No. 08-644) 1. Authority for staff to proceed issuing COs and related permits for the Manor subdivision. Motion: Councilmember Tart moved to authorize Milton staff to issue all necessary pennits and certificates of occupancy as to the Manor subdivision in Milton in spite of there being no present constitutional authority for the development to be connected to Forsyth County sewer, based upon the following findings and according to the following terms and conditions: 1. The Manor development in Milton has had a Site Development pen -nit issued by Fulton County, since Autumn of 2002; 2. The private wastewater treatment plant that serves the Manor was purchased by Forsyth County and is currently owned and operated by Forsyth County, and is referred to as the Manor Wastewater Treatment Facility; 3. The Manor subdivision is located within the Etowah sewer basin, which is a basin where Fulton County has traditionally not provided sewer service based upon the Fulton County 2006 Inter -Basin Transfer Ordinance; 4. Milton adopted the Fulton County 2006 Inter -Basin Transfer Ordinance, and therefore shares in Fulton County's public policy of not authorizing sewer service in the Etowah sewer basin, irrespective of whether such sewer service is made available by a private or public sewer treatment plant; 5. Since issuance of the Site Development permit, the Manor has conducted development operations, including the construction of infrastructure, roadways, and homes— at significant cost to the developer;: Citizens of Milton have contracted for the purchase of homes in the Manor, closings have been scheduled, and homeowners are poised to move into the newly constructed homes; 7. Based upon the above facts, the equities of the situation are such that in spite of the lack of authority for Forsyth County to provide sewer service, Milton believes it in the best interest of its citizens for the development to proceed; Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 If you need the City to provide special accommodations in order to participate in any of the Councilplease l MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA AUGUST 11, 2008 — 5:30 PM 8. The authority granted by this motion shall only have application to the Manor subdivision as platted on the date this motion is approved; 9. Sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor subdivision within the City of Milton occurring after the date this motion is approved; 10. This motion shall not serve as authority or acquiescence for any sewer provider in another jurisdiction to provide sewer service in Milton; 11, A statement shall be attached to any CO(s) issued in the Manor development that reads as follows: "Issuance of this CO should not be construed as a waiver by Milton of its right to seek strict compliance of all constitutional entitlements and safeguards concerning the requirement that another jurisdiction may only provide new sewer service in Milton pursuant to an Intergovernmental Agreement. The issuance of this CO was the product of a fact specific inquiry and is to have no precedential effect with respect to any other development." Second and Vote: Councilmember Lusk seconded the motion. The motion passed unanimously. (Agenda Item No. 08-645) 9) ADJOURNMENT Motion and Vote: Councilmember Lusk moved to adjourn the Special Called Meeting at 6:15 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously. Pagc 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA, 30004 ?;ahrler-Bail, r� Julie M 1� From: Sent: To: Cc: Subject: A,ttachm ents: Monday, January 29, 2018 Zahner-Bailey, Julie Monday, January 29, 2018 4:34 PM Joe.lockwood@cityofmiIto nga.us'; Peyton jamisor-@( tyofmiltoriga.us'; 'Matt Kunz'; 'Joe.Longoria@cityofmiIto nga.us'; 'Burt.Hewitt@cityof niltonga.us'; 'la ura.bentley@cityofmiIto nga.us'; 'rick.Mohrig@ci-:yo- 'niltonga.Ls' 'Steven.krokoff@cityofrniIto nga.us'; 'kathy.field@ci:yo miltorg.a.us' Request to Deny Agenda Item 18-040 - please fonvar i this to al Council members should I have email addresses incorrect 08 -11 -2008 -Minutes -A Manor Sewer Restrictions.pdf Dear Mayor Lockwood, Councilmember Bentley, Councilmember Kunz, Counc Imembe:r Hewitt, Councilmember Mohrig, Councilmember Jamison and Councilmember Longoria, (food afternoon. I am writing to you asking that you please deny Agenda tte n #18-041) under New Business, specifically the Request for Sewer Extension of 4 Lots Located Contig uous to the Manor Subdivision on Hamby Road. Additionally, I request that before any lots are approved for sewer extension regarding this proposed subdivision, that the Minutes attached hereto from the Special Called Meeti ig of the City of Milton, on August 11, 2008, Agenda Item No. 08-644 be reviewed in full to ascertain wl ether the motion that passed unanimously on August 11, 2008 precludes any lots of this proposed new sul division from being allowed including all lots #1-8. J �z.,,�, `� At M-t.+,"A /,,2 IT f � 11 �rc CZ, & My�a. J The language referenced from the 2008 Special Called Meeting appears to have inguag(.: that may not have been reviewed by the outside counsel that was hired by the City of Milton to rev] ew th;s case. '?erhaps this information was reviewed, but in case not, this letter is requesting that the lan:guz ge be reviewed now before any decisions are made. And if this language has not been fully vetted, a deferral is t :quested antil such time that this can be fully reviewed for any legal implications. Separately, sewer extension is an issue that has been vetted many times in the Ci y oO/Tilton, and it is well known that the majority of citizens do not want sewer e.:tended to any areas that ire not al'owed to have sewer. It remains unclear as to whether any of the proposed lots not currently part of the Manor should be allowed sewer. Again, the language from the August 11, 2008 meeting needs to ie reviewed in the context of tonight's meeting. At a minimum — and only if the unanimously approved language from the A ugust 11, 2008 Special Called meeting has no bearing on this agenda item before you tonight — lots 1-5 sho LiIld absolutely not be allowed sewer. The information from the outside counsel hired by the City of Miltot makes it abuindantly clear that those lots should not receive sewer at all. To do anything other than to ieny sewer on these lots would be to extend sewer which is in direct violation to the Comprehensive Land Use Plan, the expectations of citizens and the Intergovernmental Agreement. Please take careful consideration of this agenda item as once sewer is extended d :ere is no going back, and it sets a very negative legal precedent. Based on the language from the August 11. 2008 it seems that perhaps all lots, #1-8 should be denied. At a minimum, lots 1-5 should be denied. llut bcfo, e this matters proceeds, please be certain the language from August 11, 2008 has been fully reviewed by legt.l c )unsel and the City Manager. fhank %,on for standing tall for what citizens eX])eCT OfOUr ei�,,a--d officials. With great appreciation, t, Julie Zaliner Balley